State v. Hemphill

409 S.E.2d 744 (1991)

104 N.C. App. 431

STATE of North Carolina

v.

Stephen Andre HEMPHILL.

No. 9029SC791.

Court of Appeals of North Carolina.

November 5, 1991.

Attorney General Lacy H. Thornburg by Asst. Atty. Gen., John F. Maddrey, Raleigh, for the State.

Horton and Horton by Shelby E. Horton, Asheville, for defendant, appellant.

HEDRICK, Chief Judge.

Defendant's one assignment of error is that the trial court erred in denying his motion to dismiss the charge of second degree murder. He argues that the evidence is insufficient to support a finding of the element of malice.

In State v. Wilkerson, 295…